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Tag: health law

Hey, Health Care Professionals…Why Can’t We Be Friends?!

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Every year, our firm sponsors and attends various medical industry events. Needless to say, our law firm table is not the most popular hangout spot. If we had a penny for every time we have heard “Yikes, an […]

Two Nursing Home Co-Conspirators Sentenced in $19 Million Fraud Kickback Scheme

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On July 9, 2018, two co-conspirators in a $19.4 million healthcare fraud scheme involving a nursing home chain, American Senior Communities, were sentenced in Indiana federal court. Both pled guilty to various conspiracy and money laundering charges. The […]

What Health Providers Need to Know About Telemedicine

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law For years providing health care to patients has been at a location that is convenient to the health provider. With emerging trends in telemedicine and upcoming healthcare reforms, recently enacted, patients may begin to enjoy the convenience of […]

American Medical Association Joins Minnesota Medical Staff in Its Fight for Autonomy

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law The American Medical Association (AMA) and several other physician organizations announced support of a court appeal by physicians at Avera Marshall Regional Medical Center in Minnesota. The medical staff at Avera alleged the hospital’s governing board amended the […]

Colorado Surgeon Accused of Botching Multiple Robotic Arm Surgeries

By Carole C. Schriefer, R.N., J.D., The Health Law Firm and George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law A Colorado surgeon allegedly faces 14 counts of unprofessional conduct associated with the use a robotic arm used during surgeries, according to the formal administrative complaint. The Colorado […]

The Doctors Company (TDC) Attorneys, Lawyers and Defense Council in Florida

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Often we learn after the fact that a health professional such as physicians, dentist and other health professionals has received The Doctors Company (TDC) Insurance, has had a legal problem, and has not been able to locate an […]

The Affordable Care Act Offers the Government New Tools to Fight Healthcare Fraud

By Catherine T. Hollis, J.D., The Health Law Firm In 2013, the government reported recovery of a record-breaking $10.7 billion in healthcare fraud in the past three years, according to the U.S. Department of Health and Human Services (HHS) and the U.S. Department of Justice (DOJ). The HHS credits the Affordable Care Act’s tough stance […]

Top Medicare Prescribers Collect Speaking Fees from Drug Makers-Coincidence?

By Lance O. Leider, J.D., The Health Law Firm and George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law A recent investigation by ProPublica found that certain doctors who prescribed certain drug brands the most, also have financial ties to the companies that manufacture those prescription drugs. Using […]

Central Florida Pain Management Clinic Falls Victim to Civil Forfeiture

By Christopher E. Brown, J.D., The Health Law Firm On June 14, 2013, Drug Enforcement Administration (DEA) agents, along with local police and sheriffs’ deputies raided a Longwood, Florida, pain management clinic. In addition to criminal charges, the physicians and employees associated with this clinic face another lesser known threat,  the civil forfeiture of their […]

CMS Delays Stage 3 Meaningful Use for Medicare and Medicaid EHR Incentive Programs

By Michael L. Smith, R.R.T., J.D., Board Certified by The Florida Bar in Health Law, and George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On December 6, 2013, the Centers for Medicare and Medicaid Services (CMS) announced a revised timeline for the implementation of Stage 3 meaningful […]

Miami Medical Clinic Owner Pleads Guilty to $20 Million in Medicare Fraud

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law The owner of a Miami-based medical clinic pleaded guilty on January 8, 2014, for her involvement in several health care fraud schemes that allegedly cost the Medicare program around $20 million. The schemes allegedly involved fraudulent billing for […]

Watch Out for Legal Pitfalls Associated with Telemedicine

By Lance O. Leider, J.D., The Health Law Firm With all the new technologies, mobile medical applications, expansion of access to health care under the Affordable Care Act (ACA), and the emphasis on quality care, telemedicine is at the forefront of the health care industry. Now is the time to educate yourself on the new […]

Internal Medicine Specialists Should Be Aware of Impending Medicare Audits

Coming to a medical practice near you. . . It’s scary, it’s horrible, and it could cost you a lot of money! It’s the dreaded Comprehensive Error Rate Testing (CERT) audit. The Horror! The Horror! First Coast Service Options, the Medicare contractor for Florida, announced a new prepayment audit program that will impact Internal Medicine […]

Physician Argues Definition of “Peer” at Formal Administrative Hearing

FACTS: The Agency for Health Care Administration (“AHCA”) is responsible for administering Florida’s Medicaid program and conducting investigations and audits of paid claims to ascertain if Medicaid providers have been overpaid. With regard to investigations of physicians, section 409.9131, Florida Statutes, provides that AHCA must have a “peer” evaluate Medicaid claims before the initiation of formal […]

New MCAT Will Put the Social Skills of Potential Doctors to the Test

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law The 8,200 aspiring doctors expected to take the Medical College Admission Test (MCAT) this year will be seeing a different exam than their predecessors. The doctor-patient dynamic is changing. So, to stay on top of this shift in […]

Chinese Nationals Indicted in Alleged U.S. Test-Taking Scheme

By George F. Indest, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Fifteen Chinese citizens living in the United States reportedly conspired to take college entrance exams for others so they could obtain student visas, according to the Associated Press. The frauds allegedly took standardized exams including the Scholastic Aptitude Test […]

Report: Florida Received an F in Medical Pricing Transparency

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law In Florida, it’s difficult to compare prices for medical services and procedures because the various prices are not made public. In part because of this, a recent study by a health-care advocacy group gave Florida an F for […]

Breach of HIPAA Privacy Regulations May be a Basis for Negligence Actions

By Shelby Root and George F. Indest III, J.D., M.P.A., LL.M., Board Certified by the Florida Bar in Health Law Given the advances in information technology, the Health Insurance Portability and Accountability Act of 1996 (HIPAA) was enacted by Congress as a comprehensive legislative and regulatory scheme to ensure basic protections of patients’ right of […]

Appeals Court Upholds Medical Malpractice Law Changes

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On July 21, a state appeals court in Tallahassee upheld the constitutionality of a controversial change in Florida’s medical malpractice law. It ruled that some privacy rights are waived when patients pursue medical malpractice lawsuits. A federal appeals […]

Practicing Medicine Without a Medical License Lands Miami Couple Behind Bars

By Danielle M. Murray, J.D., and George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law By now, you have heard stories of fake doctors and dentists in South Florida working on patients and causing severe injuries. Usually, these are solo efforts. However, according to CBS Miami, a couple […]

Patient Privacy Breach at Nemours Follows Florida Hospital Information Leak

After a patient privacy breach at Florida Hospital a few weeks ago, another patient records scare has hit Florida – this time at Nemours. According to the Orlando Sentinel, information belonging to Central Florida patients of Nemours Children’s Health System has gone missing. Computer back-up tapes containing old patient billing information have disappeared from the […]

Responding to a Medicare Audit – Practice Tips

Although you may speak of a “routine” Medicare audit, there is really no such creature. This is like saying you have a “routine IRS audit.”  The fact is that there is some item you have claimed as a Medicare provider or the amount of claims Medicare has paid in a certain category that has caused […]

Florida Doctor Arrested for Drug Sales and Other Criminal Charges

Drug trafficking charges against a medical doctor are not a new concept, especially in Florida. Recent pill mill busts throughout the state have resulted in an omnipresent DEA, always on the lookout for illegal drug sales by pharmacies, pharmacists, pain management clinics and physicians. However, the recent arrest of a Central Florida doctor extends beyond […]

Patient-supplied Respiratory Equipment in the Hospital

By Michael L. Smith, JD, RRT Hospitals and respiratory therapists regularly receive requests from patients asking to use their own respiratory therapy equipment in the hospital. Chronic pulmonary patients are generally reluctant to change their treatment regimen and may request they be permitted to continue using their home ventilators or positive airway pressure units in […]

George Indest Recertified As Health Law Expert

George F. Indest III, President and Founder of The Health Law Firm with offices in Orlando and Pensacola, Florida, has been recertified by the Florida Bar’s Board of Legal Specialization and Education in the legal specialty of Health Law. Indest has been board certified in Health Law since 1996. As recognized by the Supreme Court […]

Orlando Health Law Attorneys to Speak at Florida Hospital

Attorneys from The Health Law Firm will be presenting a seminar on contracts to Florida Hospital’s family medicine residents and medical students on Wednesday, December 7, 2011 at Florida Hospital East Orlando. The lecture aims to provide information on contract negotiations and employee contract review. This seminar is part of a series that will be […]

“Cert Audits” Newest in Medicare Audit Contractor Alphabet?

One of the newest acronyms that our law firm has encountered in the Medicare Program’s audit process is the Medicare Comprehensive Error Rate Testing program audit or CERT audit.  It could be that we just haven’t had clients who had problems with this in the past, as we have seen plenty of Zone Program Integrity […]

Orlando Health Attorney Appointed to Health Law Certification Committee

On April 9, 2012, Gwynne A. Young, President-Elect of The Florida Bar, announced that George F. Indest III, President and Managing Partner of The Health Law Firm, has been appointed to serve on The Florida Bar’s Health Law Certification Committee. Mr. Indest will begin his three year term on July 1, 2012. The Florida Bar’s […]

July Issue of Medical Economics Features Article by George F. Indest III

By Cori Pope, The Health Law Firm The July 25, 2012, issue of Medical Economics features an article written by George F. Indest III, President and Managing Partner of The Health Law Firm. The article, “Beware Legal Ramifications of Unnecessary Tests,” discusses lists that were recently released by nine medical specialty societies on medical tests and procedures […]

Debary Dentist Served with Emergency Suspension Order for Allegedly Inhaling Laughing Gas

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DEA Offers New Prescription Drug Return Policy

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Looking to improve the prescription drug abuse epidemic in the United States, the Drug Enforcement Administration (DEA) announced September 8, 2014, that it would permit patients to return their unused prescription medications to pharmacies. This new rule, covering […]

Lloyd’s of London (Lloyd’s) Attorneys, Lawyers and Defense Council in Florida

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Often we learn after the fact that a health professional such as physicians, nurses, podiatrists, psychologists and other health professionals has received Lloyd’s of London Insurance, has had a legal problem, and has not been able to locate […]

Nurses Service Organization (NSO) Attorneys, Lawyers and Defense Council in Florida

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Often we learn after the fact that a health professional such as nurses, advance registered nurse practitioners (ARNPs), certified registered nurse practitioners (CRNPs) and nurse midwives (NMs) has received Nurses Service Organization (NSO) insurance, has had a legal […]

Nurses Fight for Lawmakers to Relax Laws Requiring Doctors to Oversee Their Work

By Carole C. Schriefer, R.N., J.D., The Health Law Firm and George F. Indest, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law There’s a controversial tug-of-war in the health care industry. According to The Washington Post, in 11 states nursing groups are pushing legislation that would permit nurses with master’s degrees […]

Workers Can Be Fired For Using Marijuana Off-Duty

By Carole C. Schriefer, R.N., J.D., The Health Law Firm Marijuana may be legal in Colorado, but you can still be fired for using it. Employers’ zero- tolerance drug policies trump Colorado’s medical marijuana laws, the Colorado Supreme Court ruled on Monday. In a 6-0 decision, the Supreme Court ruled that businesses can terminate an […]

Canada to Legalize Recreational Marijuana in 2017: Spring Breakers to Go North Next Year

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On April 20, 2016, Canada’s Health Minister announced that the Canadian government will introduce a new law in the Spring of 2017 to legalize recreational marijuana and regulate sales. This law fulfills Canadian Prime Minister Justin Trudeau’s election […]

New Medical-Marijuana Amendment to be Reviewed for Inclusion on Ballot

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law A new medical-marijuana amendment will be reviewed by the Department of State. The second push in Florida has more than 100,000 signatures in favor to date. The petitions were given to the state on Wednesday by an organization […]

Cancer Patients Must Provide DOH Approval for Seizures and Muscle Spasms, or May Be Unqualified for Low-THC Medical Marijuana

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Mental Health Counselors, Psychologists, Social Workers and Family Therapists Should Be Sure They Carry Insurance to Cover Complaints Against Their Licenses

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law From our experience mental health counselors, psychologists, social workers and family therapists are at a high risk of having a client or patient file a complaint against them with their licensing board. Many of their clients/patients have mental […]

New OIG Guidance Publishes on Permissive Exclusions from Federal Health Care Program Participation May Interest Mental Health Care Professionals

By Miles Indest, J.D./M.B.A candidate at Tulane University: Law Clerk, The Health Law Firm On April 20, 2016, the U.S. Department of Health and Human Services Office of Inspector General (OIG) released updated non-binding criteria that disclosed when a company or individual can be barred from participating in Medicare, Medicaid, and other federal health care […]

Drug Quality and Security Act Boosts FDA Regulations Over Compounding Pharmacies

By Lance O. Leider, J.D., The Health Law Firm On November 18, 2013, the United States Senate voted to increase federal oversight of compounding pharmacies that produce large volumes of mixed drugs. This bill comes in the wake of last year’s meningitis outbreak stemming from unsanitary conditions at the New England Compounding Center (NECC). Click […]

Florida Woman Arrested for Allegedly Posing as a Nurse, Giving Botox Injections-For Second Time

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Nursing Home Chain Reaches Record High False Claims Act Settlement With DOJ

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On October 24, 2016, the U.S. Department of Justice (DOJ) announced that Life Care Centers of America will be paying $145 million to end False Claims Act (FCA) litigation that alleged the company submitted false claims to Medicare […]

FDA Issues New Warning for Popular Type 2 Diabetes Drug

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law The Food and Drug Administration (FDA) recently warned that a new class of type 2 diabetes drugs may cause a serious condition and can lead to hospitalization. Included in that warning is Invokana, the first in a new […]

Pill-Mill Crackdown Hurting Patients With Legitimate Pain

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Florida has been plagued for years with the reputation of being the “pill mill capital of the country.” Lawmakers needed to do something about prescription painkiller abuse. But, the crackdown on pill mills has produced unintended consequences. Since […]

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Medicare/Medicaid Audits, Health Care Law, Contracts, Hospital Privileges Hearings, Investigations, DEA Defense, Board of Medicine Defense, Healthcare Fraud Defense, Medical Staff Fair Hearings, Administrative Hearings, PRN, IPN, Professional Licensing, Medicare/Medicaid Fraud Defense, Nursing Law, Hospital Peer Review,  Hospital Law, Board of Dentistry, Board of Nursing Complaint Defense, Board of Pharmacy, Medicaid Fraud Control Unit (MFCU) Defense, Search Warrant and Subpoena Defense, NBME Representation, USMLE Challenges, ABIM Representation, Resident Physician Defense, VA & Military Physician Defense, Department of Health Investigation Defense, and more…

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